St Louis County Criminal Non Support Defense Lawyer

Criminal Non Support

St Louis County Criminal Non Support Defense Lawyer. As stated in the website of the Prosecuting Attorney’s Office in St. Louis County, the failure of a parent to provide support for a minor child whom they are legally obligated to provide for can be charged the crime of Criminal Non Support. It is a Class E Felony in the State of Missouri to accumulate an arrearage that exceeds the combined total of twelve (12) months arrearage of the support owed.

The St. Louis County Prosecuting Attorney’s Office purpose in filing a criminal non support charge, like all other criminal charges, is punishment.

This is not like a Civil Contempt proceeding, where an Order to Show Cause has been issued by the Court. The Show Cause Order requires a person who owes child support to appear in Court and explain why they are not in contempt for their failure to pay child support.

In the Civil Contempt case, the Court generally allows every nonpaying parent the opportunity to begin making regular monthly payments. The case will be continued to monthly reporting dockets in which the nonpaying parent may enter into a payment agreement plan.

Criminal Non Support is a Criminal Charge. The range of Punishment for a Class E Felony Charge of Criminal Non Support is from One day to One year in the St. Louis County Jail, or, up to Four years in Prison (The Department of Corrections) and/or a fine up to $5,000.00.

The range of Punishment for a Class A Misdemeanor Charge of Criminal Non Support is from One day to One year the St. Louis County Jail and/or a fine up to $1,000.00.

The nonpaying parent, the criminal non support defendant, is afforded all of the same legal rights under the Constitution as any other criminal defendant. The defendant can be found guilty or innocent. The defendant may plead to the charge or the defendant can request a trial by a Judge or by a Jury.

If a defendant pleads NOT GUILTY, and the case goes to trial, since this is a criminal case, the Prosecuting Attorney’s Office for the State of Missouri has to be able to PROVE that you are guilty of this Charge of Criminal Non Support, beyond a reasonable doubt.

In addition, if you have a valid defense, which is called good cause defense, as to why you did not pay the child support, a experienced St Louis County Criminal Non Support Defense Lawyer could defend you so that you can be found NOT GUILTY of this Charge of Criminal Non Support.

That is why it is so important that you find an experienced, competent and effective St Louis County Criminal Non Support Defense Lawyer to represent you in this case. I have over 30 years of experience to represent and defend you in Court if your case has a valid defense, a good cause defense, and your case goes to Trial.

In the other instance, if a defendant pleads guilty, and probation is granted in the Criminal Non Support case, the Judge may, or may not, make a condition of probation that the defendant make payments under the child support order. Most of the time, this condition of probation requires payment for the current child support amount, and some kind of payment for back child support owed.

In these probation cases, it seems the Prosecuting Attorney’s Office always requests a large amount of money be paid for the back child support that is owed.  That does not make any sense!  If you had trouble paying the amount of money that was owed for the current child support, how does the Prosecuting Attorney’s Office expect you to be able to pay the current support AND a large amount toward the back?

The truth is, the Prosecuting Attorney’s Office DOES NOT EXPECT YOU TO.  THEY EXPECT YOU TO FAIL. They expect you to NOT make these large child support payments.

When you do not make these payments, the Prosecuting Attorney’s Office then can file a Motion to have your Probation Revoked. If your Probation is Revoked, the Judge can sentence you to serve from One day to One Year in the St. Louis County Jail, or, up to Four Years in Prison (The Department of Corrections). The Judge could fine up to $5,000.00, but in all of my over 30 years of experience, I have never seen a Judge issue a fine on a Criminal Non Support Case.

If you end up doing time in Prison or County Jail on this Criminal Non Support Charge, you should know that the State of Missouri will NOT erase or wipe out the child support you owe in this case. In fact, while you are locked up, the child support you owe for your child(ren) will continue to add up against you. When you are finally released from custody, you will be just that much further behind in your child support payments. You will end up owing more money for child support than when this criminal non support case started!

This is also why it is so important that you find an experienced, competent and effective St Louis County Criminal Non Support Defense Lawyer to represent you in this case.  There are many subtleties and complexities in a Criminal Non Support Defense that can only be fully understood by someone who regularly practices in that area. When you need the best result, make sure you go to an experienced St Louis County Criminal Non Support Defense Lawyer who has years of handling cases and developing successful defense strategies that can be used in your St Louis County Criminal Non Support Case.

I never charge a fee for an initial consultation because I understand that it is an important step in the process of finding the right St Louis County Criminal Non Support Defense Lawyer for you. Call today to contact my office so we can set up a time to meet face to face with you so I can answer all of your St Louis County Criminal Non Support defense questions.

Call me at:

DOUGLAS RICHARDS
ATTORNEY AT LAW

9666 Olive Blvd., Ste. 365

St. Louis, MO 63132

314-517-5756

or

636-256-7300

I look forward to sitting down and talking to you face to face, so you can teach me the facts of your case and I can teach you what the law is and what legal defenses and legal tactics that are available to you, so that together, we can achieve the Best Result for you!

DOUGLAS RICHARDS

ATTORNEY AT LAW

I am a St Louis County Criminal Non Support Defense Lawyer – with over 30 years of experience and has been defending people in areas of St. Louis County, St. Louis City, St. Charles County, Jefferson County and Franklin County.

 

 

 

Missouri Revised Statutes

Section 568.040. 1. In the State of Missouri, a person commits the crime of Criminal Non Support if such parent knowingly fails to provide adequate support which such parent is legally obligated to provide for his or her child or stepchild who is not otherwise emancipated by operation of law.

5. Criminal Non Support is a Class A Misdemeanor, unless the total arrearage is in excess of an aggregate of twelve monthly payments due under any order of support issued by any court of competent jurisdiction or any authorized administrative agency, in which case it is a Class D Felony.

The range of punishment on a Class E Felony Charge is from One day to One year in Jail, or up to Four years in the Department of Corrections (Prison), or a fine up to $5,000.00, or, a combination of a fine and period of incarceration in either Jail or Prison.

The range of punishment on a Class A Misdemeanor Charge is from One day to One year in Jail, or, a fine up to $1,000.00, or, a combination of a fine and period of incarceration in Jail.

Beginning January 1, 2017–Criminal non support, will be  a class A misdemeanor, unless the total arrearage is in excess of an aggregate of twelve monthly payments due under any order of support issued by any court of competent jurisdiction or any authorized administrative agency, in which case it is a Class E felony. 

You may ask how can the State of Missouri charge a person with the crime of Criminal Non Support?

The fact is that as long as the Prosecuting Attorney’s Office for the State of Missouri can show by their records that you allegedly owe more than the total amount of 12 months worth of back child support, the Prosecuting Attorney’s Office has the basic facts to file a Felony Charge of Criminal Non Support against you. For example, if you owe the sum of $100.00 per month for child support, and the total amount of back child support you owe is over the sum of $1,200.00, the Prosecuting Attorney’s Office has the grounds to file a Felony Charge of Criminal Non Support against you. If the total amount of back child support you owe it is less than the sum of $1,200.00, then the Prosecuting Attorney’s Office only has the basic grounds to file a Misdemeanor Charge of Criminal Non Support against you.

LINKS

St Louis County Prosecuting Attorney Office Child Support Division Web Page

St Louis County Circuit Court Web Page

St Louis County Circuit Clerk Web Page

Your Missouri Courts – Case.Net

St Louis County Jail Justice Services Web Page

 

 

 

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